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Old July 26, 2005, 11:37 AM   #11
shield20
Senior Member
 
Join Date: April 13, 2005
Location: Hudson Valley, New York
Posts: 1,371
Cyber - uhhh, that is what I said. Depending of course on the value of his car (in NY anyway).

Him putting himself in front of the car aiming/prepared to shoot someone comitting larceny - so now is the perp committing assault or self defense in driving at him?


Not sure in California. In NY...

A person may use physical force, other than deadly physical force, upon another person when and to the extent that he reasonably believes such to be necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission by such other person of larceny

...except that he may use deadly physical force for such purposes only when he reasonably believes that:

(a) The offense committed by such person was:

(i) a felony or an attempt to commit a felony involving the use or attempted use or threatened imminent use of physical force against a person; or...

now in NY , grand larceny IS a felony, but the BG wasn't using force till our hero...forced the issue. This will be investigated - in CA?? Good luck!
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